If I’m suing my landlord for failing to returnmy full security deposit, can I cash the check he sent me even though I don’t agree with the amount?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’m suing my landlord for failing to returnmy full security deposit, can I cash the check he sent me even though I don’t agree with the amount?

Asked on August 15, 2011 Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I know that it is really tempting and you probably need the money (don't we all) and I am sure that it would not be so so devastating to your case, but if you can do with out cashing it I would for strategic reasons.  In fact, I might even out right reject the check and send it back to the landlord indicating that you are rejecting it as the amount is incorrect, that the requirements of the law have been violated (did they send what was required in the form of a list of deductions?  check the law in your area on the matter), etc. This is helpful as proof when you go before the Judge or magistrate in your area.  Good luck to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption